TMI Blog2001 (2) TMI 104X X X X Extracts X X X X X X X X Extracts X X X X ..... t there were credits to the extent of Rs. 1,89,000 and when the assessee was asked to explain the nature and source of these deposits, the assessee has filed revised returns, for the assessment years 1988-89 and 1989-90 and for the first time for the assessment years 1984-85 to 1987-88. Thus, it can be seen that these returns were not filed voluntarily, but only after the Assessing Officer started investigation of the case. As the disclosure made by the assessee was not voluntary, the interest cannot be waived under section 273A." The Commissioner has given further details in the counter-affidavit filed to the writ petition regarding the extent of delay. The return for the year 1985-86, which was due on July 31, 1985, was filed on March 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... good faith and were not voluntary before any enquiry had been initiated with regard to the untaxed income of the assessee. The Commissioner's jurisdiction to waive interest besides being discretionary is required to be exercised only when the return has been filed making a full and complete, disclosure, the return being filed voluntarily and in good faith, and further such return being filed before the issuance of the notice under section 139(2) of the Act. The disclosure made in this case in the returns for the earlier years, and the submission of the revised return for one of those years cannot be regarded as entirely voluntary, as it is obvious that such returns would not have been filed at all had the Income-tax Officer not called u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... benefit of section 273A of the Act to have the interest waived. Learned counsel for the assessee, however, sought to derive support for his submission that the interest amount should have been waived, from the decision of the Andhra Pradesh High Court in the case of Kaharla Krishnamurthy v. CIT[1995]216 ITR 206. Having perused that judgment, I am unable with great respect, to agree with the view that the initiation of an enquiry subsequent to the original assessment order can never be regarded as rendering the revised return involuntary. Moreover, in this case, it is not merely the submission of a revised return, but the submission of grossly belated returns for the first time after it was evident by reason of the enquiry initiated that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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